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Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. III.
What Rights go to Assignees.
A v. B
Date: 22 January 1611 Case No. No 41.
A burgess of Edinburgh may take assignation to a debt owing to another burgess, and thereupon arrest the debtor, and cause ward him till he find caution.
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A Burgess of Edinburgh may take an assignation to a debt owing to another burgess, and thereupon arrest his debtor, and cause ward him while he find caution to answer as law will.
If the janitor suffer a man to escape who was warded for debt, he will become debtor to the party at whose instance he was warded; but the debt must first be tried against the principal party, unless his warding proceed upon a decreet; and if he who escaped die before payment, or his re-entry, the janitor will be debtor.
A stranger, who is addebted to a Scotsman, coming to this country, may be charged by an officer, at command of a Bailie, to enter in ward, while he find caution to answer as law will.
Fol. Dic. v. 2. p. 78. Haddington, MS. v. 2. No 2107.
